DiNAPOLI v. HUNTINGTON HOSPITAL

ORDERED that the order is affirmed, with costs.

The plaintiff Rachel DiNapoli fell while walking on a visibly worn-out footpath located next to a slightly elevated, brightly-painted curb. The defendant established its entitlement to summary judgment by submitting photographs acknowledged by the plaintiffs as accurately reflecting the condition of the footpath and the curb at the time of the accident. These photographs indicated that the alleged defect, if any, which did not have any of the characteristics of a trap or nuisance, was too trivial to be actionable (see Wasserman v. Genovese Drug Stores, 282 A.D.2d 447; Hargrove v. Baltic Estates, 278 A.D.2d 278; Neumann v. Senior Citizens Ctr., 273 A.D.2d 452; Riser v. New York City Hous. Auth., 260 A.D.2d 564). In opposition, the plaintiffs failed to raise a triable issue of fact (see generally Zuckerman v. City of New York, 49 N.Y.2d 557). Therefore, summary judgment was properly granted in favor of the defendant.

ALTMAN, J.P., S. MILLER, FRIEDMANN and McGINITY, JJ., concur.